The California Supreme Court has ruled that records protected from discovery under Evidence Code§1157 must nonetheless be disclosed if sought by the Medical Board of California pursuant to a bonafide investigative subpoena. The following explains the law applicable in such cases, and offers guidance to peer review committees (whether a medical staff, county medical society, well-being committee or other peer-review qualified body) as to the proper treatment of a state agency subpoena seeking protected peer review records. For more information about the ability of a hospital’s governing body to access peer review information, see CMA ON-CALL document #5200, “Administrator and Board Access to Peer Review Files.”